§ 20-20-213 - Licenses -- Pesticide dealers.
20-20-213. Licenses -- Pesticide dealers.
(a) (1) It shall be unlawful for any person to act in the capacity of a restricted-use pesticides dealer, to advertise as or, assume to act as a dealer of, or to distribute any restricted-use pesticide at any time without first having obtained an annual license from the State Plant Board. This license shall limit distribution of restricted-use pesticides only to persons holding a current commercial applicator, noncommercial applicator, private applicator, or dealer's license.
(2) A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes a restricted-use pesticide directly into this state shall obtain a pesticide dealer license for his or her principal out-of-state location or outlet.
(3) Pesticide dealer licenses shall expire December 31 of each year.
(b) Application for a pesticide dealer's license shall be on a form prescribed by the board and be accompanied by a fee as set by the board in its regulations.
(c) (1) Each licensed dealer outlet shall maintain a record of restricted-use pesticides distributed. The record shall contain the name, address, and license number of the commercial applicator, noncommercial applicator, private applicator, or dealer to whom distributed, the date of distribution, and the name and Environmental Protection Agency registration number of the restricted-use pesticide distributed.
(2) The records shall be kept for a period of two (2) years and shall be available for inspection by the board at reasonable times. Upon request in writing, the board shall immediately be furnished with a copy of the records by the restricted-use pesticide dealer.
(d) This section shall not apply to a commercial pesticide applicator who sells restricted-use pesticides only as an integral part of this pesticide application service when the pesticides are dispensed only through equipment used for the pesticide application or any federal, state, county, or municipal agency which provides pesticides only for its own programs.
(e) Each pesticide dealer shall be responsible for the acts of each person employed by him or her in the solicitation and sale of restricted-use pesticides and all claims and recommendations for use of restricted-use pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this subchapter whether committed by the dealer or by the dealer's officer, agent, or employee.